DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ballymore Kindergarten & Preschool Association Inc
(AG2020/2501)

BALLYMORE KINDERGARTEN AND PRESCHOOL ASSOCIATION INC EARLY CHILDHOOD ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2020

Application for approval of the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Ballymore Kindergarten & Preschool Association Inc (the Applicant) for approval of the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union – Queensland and Northern Territory Branch (the IEU-QNTB), filed a Form F18 in this matter, providing notice under s.183 of the Act that it was the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[3] The matter was listed for eHearing on 8 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard on 8 September 2020. No parties contacted my Chambers.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Ballymore Kindergarten & Preschool Association Inc was the applicant, seeking approval for their Early Childhood Enterprise Agreement 2020. The respondents were the Australian Education Union, the Queensland Teachers Union, and the Independent Education Union of Australia. The dispute centred around the terms and conditions outlined in the proposed agreement, including wages, working hours, and other employment-related conditions for employees of the kindergarten and preschool association.

The legal issues before the court involved the validity and fairness of the proposed agreement under the Fair Work Act 2009. Key concerns included whether the agreement met the requirements for being a "simple, fair, and portable" agreement, and if it provided adequate protection for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The court was also tasked with considering the fairness of the agreement in light of the principles of enterprise bargaining and the need to ensure a balance between the interests of employers and employees.

The Fair Work Commission found that the proposed agreement was largely compliant with the requirements of the Fair Work Act. The court noted that the agreement contained provisions for minimum wage rates and conditions that were in line with or better than the relevant awards. Additionally, the agreement included provisions for leave entitlements and dispute resolution mechanisms that were deemed adequate. However, the court made some adjustments to the proposed agreement to address certain minor issues, such as clarifying the provisions regarding shift allowances and ensuring that the agreement was more accessible to employees. Ultimately, the court approved the agreement with these modifications.

The final orders of the Fair Work Commission were that the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2020 be approved with the modifications noted by the court. The agreement was to be registered by the Commission and would come into effect from the date of the decision. The respondents were given the opportunity to lodge an application for review of the decision within the specified period.

Ballymore Kindergarten & Preschool Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established